advice on evicting tenant who is not paying rent

theartfullodger

Bigblackdog ... (You know what Churchill meant by "Black Dog"?? Same problem???)


A few cases that may be of interest -- there are many many more. The Police, councils & the Great British Public take great exception to thugs and bullies riding roughshod over our laws and courts.. You are of course at liberty to do so if you really are that daft, ignorant & unable to think or research. (I agree that if the tenant really is in arrears he is in breach of his contract but it sounds like you haven't even started a court case to sort that out yet...). Others may hold differing views, aye, right..

Sampson v Floyd (1989), £11k+, Physical eviction not necessary for breach of covenant of quiet enjoyment

Nwokorie v Mason (1994), £4.5K, Occupied a room in shared house, residential Landlord, evicted with no Court Order

Ahmed v Bains (2001), £13.4k, £100 per day general damages for unlawful eviction, £3,000 aggravated and exemplary damages

Bamberger v Swaby (2005), £6k, AST trespass, illegal eviction, 8 days out-of-home: £300/day gen damages

Daramy v Streeks (2003). £5k+, Damages for eviction of assured shorthold tenant without using court bailiffs

Go on, gissa surprise, show there's a brain in your 'ead laddie...

Cheers!

Artful

PS Civil only?? Nae son: Illegal Eviction &/or harassment are CRIMINAL offences & you could end up inside....

Administration of Justice Act 1970
, s40, ref harassment of debtors

“Protection from Eviction Act 1977”
Section 1

• • Unlawful eviction and harassment
  • s.1(3A) (as was amended by the Housing Act 1988) which states:
    "the landlord of a residential occupier or an agent of the landlord shall be guilty of an offence if he does acts likely to interfere with the peace or comfort of the residential occupier or members of his household."

IronWolf

Lol this tennant is gonna take him for everything hes got. I bet he'll be laughing as he gets illegally evicted knowing hes gonna sue for 5 figures.

evoke

I'm with the OP on this one, purely on a matter of principle. If someone rents out their property and the tenant doesn't pay then you should be able to use reasonable force to kick their a$$es out of your property. Sadly, the law is on the side of the those who refuse to keep their part of the tenancy agreement (i.e. paying rent on time).

The responses to this thread are fairly predictable but put yourself in the shoes of a landlord who relies on the rent being paid

LOL, I can't believe I am being sympathetic to dodgy, greedy landlords.

I take back everything I've just said...

corbyboy

evoke wrote: »

I'm with the OP on this one, purely on a matter of principle. If someone rents out their property and the tenant doesn't pay then you should be able to use reasonable force to kick their a$$es out of your property. Sadly, the law is on the side of the those who refuse to keep their part of the tenancy agreement (i.e. paying rent on time).

The responses to this thread are fairly predictable but put yourself in the shoes of a landlord who relies on the rent being paid

LOL, I can't believe I am being sympathetic to dodgy, greedy landlords.

I take back everything I've just said...

Not all laws are fair, but it doesn't mean you can ignore them.

googler

Wouldn't it be fun if the tenant was reading or replying to this thread...?

G_M

Please! Stop feeding the troll!

iolanthe07

Actually I have a lot of sympathy with the OP. I had this happen to me many years ago when mortgage rates were about 13%. The law was even more on the tenant's side then than it is now. I just had to take it on the chin and go through due legal process - there is no other way. It took months and I lost a great deal of money. If you're a landlord you have to take the rough with the smooth.

My solicitor said that I should be grateful that at least my house wasn't trashed.

CloudCuckooLand

If you don't like the rules and laws involved in arranging eviction of a tenant, exercise your human right not to be a landlord.

CloudCuckooLand

Am I the only one who thinks this is ironic ?

Soniclord wrote: »

You asked where to start yet ALL your replies say you'll do what you want anyway so why ask! !!!!!!!!

based on all your replies your a !!!!!

You really must be as stupid as you sound.

You really are up your own !!!!.

What an idiot!

https://forums.moneysavingexpert.com/discussion/3050068

Soniclord wrote: »

but I'm going to do it anyway because I don't believe I need permission to do it

I would have told him where to get off

had I known all about the rules and regulations (many of them petty) I would never have moved out the other house I was renting.

I shouldn't have to ask permission for all the things that need doing!! That's what angers me the most because I'm independent and have never liked having to ask for things I shouldn't have to!!

evoke

I have to ask a simple question: why are people on here on the side of the non-paying tenant?

If someone was effectively not paying your for goods or services that you have delivered then how would you feel?

There is no defence and property owners should be allowed to use reasonable force to reclaim their property - and unreasonable force to eject squatters. All in my humble opinion, of course.

The law is obviously an a$$ as it protects wrong-doers more than it protects the victims (the landlord in this case).

Why do tenants who break the terms of the their tenancy agreement have more rights than the landlord and can drag things our for months at the expense of the lamdlord whose property it is?